New York False Arrest Attorneys
False Arrest, Malicious Prosecution & Other Civil Rights Violations
The United States Constitution, the Bill of Rights, and other federal and state laws protect the rights of every U.S. citizen, as well as immigrants and foreign nationals. Among these rights is the right to just treatment by law enforcement, including the right to be free of wrongful arrest and imprisonment.
If you or someone you love has been wrongfully arrested, imprisoned, or prosecuted, Salenger, Sack, Kimmel & Bavaro, LLP can help. Our New York false arrest attorneys represent victims of civil rights violations on Long Island and throughout the surrounding areas, offering highly personalized and compassionate support throughout the entire process. Our firm is here to serve as your guide and advocate, fighting to protect your rights and recover the fair compensation you are owed.
What Is False Arrest?
Under both federal and state law, police officers and other law enforcement officials must have probable cause to arrest someone. This means that they must have a reason to detain, search, and/or arrest an individual. It does not mean that they must have proof that you committed a crime to arrest you; even if you are innocent, you only have a false arrest claim if you can prove that the arresting officer did not have probable cause to detain or arrest you.
Note that being falsely accused of a crime does not necessarily mean you have grounds for a false arrest claim. Even if someone makes a baseless accusation, this constitutes probable cause and allows law enforcement to detain and/or arrest you.
Proving false arrest can be challenging without the help of a highly skilled and experienced attorney. At Salenger, Sack, Kimmel & Bavaro, LLP, we have successfully represented individuals from all walks of life who have been harmed due to wrongful arrest and false imprisonment by law enforcement officials. We understand the law and know how to build powerful, evidence-based claims on behalf of our clients. If you or someone you love has been victimized by police misconduct, our New York false arrest lawyers can help you fight for the justice you deserve.
What Is Malicious Prosecution?
Malicious prosecution occurs when one party intentionally attempts to cause harm to another through baseless accusations and criminal prosecution or civil litigation. Malicious prosecution can be carried out by an individual, a corporation, a commercial entity, or even a state or federal government agency.
Some examples of malicious prosecution include:
- Law enforcement charging someone with a crime in an attempt to cover up police misconduct or corruption
- Intentional harassment of an individual or party through frivolous litigation or unfounded criminal accusations
- Charging someone with a crime or bringing civil litigation against them to divert attention from the actual perpetrator or at-fault party
- Charging someone with a crime in retaliation for that individual bringing a civil lawsuit against a police officer or law enforcement agency
- Intentionally trying to ruin a person or business’s reputation by accusing them of a crime or filing an unfounded civil lawsuit
If you believe that you or someone you care about has been the victim of malicious prosecution or other unjust conduct by law enforcement, reach out to Salenger, Sack, Kimmel & Bavaro, LLP to learn how we can help. Our New York malicious prosecution attorneys know how to aggressively pursue these cases, and we are prepared to stand up for you and your rights. Our goal is to level the playing field and put the power back in the hands of honest, everyday people while also bringing wrongful conduct and police misconduct to light.
Damages for Victims of Civil Rights Violations
False arrest, malicious prosecution, and other civil rights violations can result in serious bodily injury, debilitating emotional distress, and significant financial harm. If your rights have been violated, you should not—and do not—have to simply deal with the lasting consequences on your own.
At Salenger, Sack, Kimmel & Bavaro, LLP, our New York civil rights violation attorneys help victims of false arrest and malicious prosecution seek fair compensation for the following damages:
- Medical expenses related to treatment for injuries caused by wrongful detainment, false arrest, and other acts of misconduct
- Lost income and/or wages due to missed work caused by wrongful arrest
- Loss of future earnings related to being fired or let go from a job due to false arrest or malicious prosecution
- Emotional distress and physical and mental pain and suffering
- Attorney fees, litigation expenses, and other court costs related to defending against unfounded criminal charges or civil litigation
Every case is different; the exact types of damages you may be entitled to receive, as well as the overall value of your claim, will depend on the specific factors involved. We strongly recommend that you contact a member of our team to learn more about your legal rights and options during a free and confidential consultation.